2017 (5) TMI 929

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... the declared or enhanced value. In these circumstances, the initiation of proceedings to reassess the value is, itself, questionable - It is quite clear from the findings of the original authority that an enhancement of value by customs authorities in the shipping bill or bill of entry does not carry with it the concomitant obligation to repatriate or remit the differential value from, or to, the buyer, or supplier, respectively. In the circumstances, the disallowance of exports even after imposition of redemption fine is not justified by law. There is no justifiable reason for the adjudicating authority to accept the value recommended by trade panel and there is also no finding to sustain the invoking of section 113 (i) of CA, 1962 - a .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... 19/2005-06 dated 29 th March 2006, confiscated the goods leading to this appeal before us. Appellant contends that the directions of the Tribunal to determine the value had not been complied with. It is also the contention that the original authority had not considered their submission that the diamonds were part of a lot that had been imported earlier and, being exported as such, was to be valued on the same terms as had been assessed then. They also further contend that the invoking of section 113 (i) of Customs Act, 1962 was inappropriate. 3. We have heard Learned Counsel for appellant and the Learned Authorised Representative. This Tribunal in dealing with this dispute on the former occasion had specified the manner in which the val .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... this end. The confiscation provisions do not admit to proceedings that are unrelated to the objective of the Customs Act, 1962. It is quite clear from the findings of the original authority that an enhancement of value by customs authorities in the shipping bill or bill of entry does not carry with it the concomitant obligation to repatriate or remit the differential value from, or to, the buyer, or supplier, respectively. In the circumstances, the disallowance of exports even after imposition of redemption fine is not justified by law. There is no ban on export of diamonds and no authority is vested in the Commissioner of Customs to disallow an export in the absence of a ban. The impugned order is vitiated by arbitrary and unauthorised exe .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X